Husker Equity Holdings LLC v. Capital Fund Reit LLC

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THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
HUSKER EQUITY HOLDINGS
LLC
v.
CAPITAL FUND REIT LLC
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CIVIL NO. 4:24-CV-00456-SDJ-BD
MEMORANDUM ADOPTING THE REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in
this action, this matter having been heretofore referred to the Magistrate Judge
pursuant to 28 U.S.C. § 636. On January 27, 2026, the Magistrate Judge entered
proposed findings of fact and a recommendation (the “Report”), (Dkt. #16), that
Defendant’s Motion to Dismiss, (Dkt. #6), be granted and its Motion for Judgment on
the Pleadings, (Dkt. #12), be dismissed as moot.
Having received the Report of the United States Magistrate Judge, and no
timely objections being filed, the Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s
Report as the findings and conclusions of the Court.
It 	is 	therefore 	ORDERED 	that 	the 	Motion 	to 	Dismiss, 	(Dkt. #6), 	is
GRANTED, Plaintiff’s Petition is DISMISSED WITHOUT PREJUDICE, and the
Motion for Judgment on the Pleadings, Dkt. 12, is DISMISSED AS MOOT.
Case 4:24-cv-00456-SDJ-BD Document 17 Filed 03/02/26 Page 1 of 2 PageID #:
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It is further ORDERED that, within 14 days of the docketing of this order,
Plaintiff amend its Petition. If it fails to do so, the Petition will be dismissed with
prejudice.
Case 4:24-cv-00456-SDJ-BD Document 17 Filed 03/02/26 Page 2 of 2 PageID #:
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